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All Journal KRTHA BHAYANGKARA Al-A'raf: Jurnal Pemikiran Islam dan Filsafat
Ali Abdurrahman
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Application of Judicial Activism in the Constitutional Court Decision Number 90/PUU-XXI/2023 Regarding the Age Requirements for Presidential and Vice Presidential Candidates in Relation to the Theory of Legal Purpose Aldani, Abin Rifa; Ali Abdurrahman; Lailani Sungkar
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3231

Abstract

The Constitutional Court's decision 90/PUU-XXI/2023 has sparked controversy in society, as it is seen as exceeding its authority or encroaching on legislative powers, commonly referred to as open legal policy. The application of judicial activism in this decision has raised many questions, leading to polarization ahead of the 2024 Presidential Election. The aim of this research is to examine the application of judicial activism in the Constitutional Court's decision Number 90/PUU-XXI/2023 in relation to the theory of legal objectives. The methodology used in this study is normative legal methodology, utilizing various legal sources found in literature related to judicial activism in the Constitutional Court's decision 90/PUU-XXI/2023 regarding the age requirements for presidential and vice-presidential candidates, linked to the theory of legal objectives and the doctrine of legal activism, which are discussed and evaluated. The research findings indicate that the application of judicial activism in the Constitutional Court's decision Number 90/PUU-XXI/2023 is an inappropriate step that does not adequately consider the principle of virtue jurisprudence. Furthermore, the application of judicial activism in Decision 90/PUU-XXI/2023 does not fulfill the principles of legal objectives, which prioritize justice, followed by utility and certainty.
ISLAMIC MORAL IDEAS AND POLITICS: ULAMA ACTIVIST HADRATUS SHEIKH HASYIM ASY'ARI AND SHEIKH NAWAWI AL BANTANI Baydi, Ubaidillah; Hibbi Farihin; Ali Abdurrahman
Al-A'raf : Jurnal Pemikiran Islam dan Filsafat Vol. 21 No. 1 (2024)
Publisher : UIN Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/ajpif.v21i1.9508

Abstract

The article aims to provide an overview of the fundamental ideas in Indonesian national political settings, as well as their significance in solidifying the four pillars of Indonesian identity. Based on a library study of the works of two great Indonesian Ulama, Sheikh Nawawi al-Bantani and Sheikh Hasyim Asy'ari, which were later analyzed using the content analysis method, the results revealed that the theological principles of the masters' actions in both the Qur'an and the hadith remained the basis of obedience, unity, brotherhood, and solidarity. Sheikh Nawawi al-Bantani generally supports components of national commitment, conservation, and natural resource management in the political Islamic framework, and he does not oppose the concept of truth. While Sheikh Hasyim Asy'ari emphasized characteristics of government management such as leadership maturity, unity, and brotherhood, which resulted in the formation of the four national pillars as a consensus among the nation's citizens.
Co-Authors Aldani, Abin Rifa Baydi, Ubaidillah Hibbi Farihin Lailani Sungkar